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Bar ALPHAS, answer this torts Q:
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Date: July 17th, 2011 6:45 PM Author: Hairraiser pisswyrm orchestra pit ALPHAs only, plz.
The day after a seller completed the sale of his house and moved out, one of the slates flew off the roof during a windstorm. The slate struck a pedestrian, who was on the public sidewalk. The pedestrian was seriously injured. The roof is old and has lost several slates in ordinary windstorms on other occasions. If the pedestrian sues the seller to recover damages for his injuries, will the pedestrian prevail?
A. Yes, because the roof was defective when the seller sold the house. B. Yes, if the seller should have been aware of the condition of the roof and should have realized that it was dangerous to persons outside the premises. C. No, because the seller was neither the owner nor the occupier of the house when the pedestrian was injured. D. No, if the pedestrian knew that in the past slates had blown off the roof during windstorms. |
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Date: July 17th, 2011 6:48 PM Author: Well-lubricated Abode Haunted Graveyard i'd say B or C I'll go with C since this thread calls for ALPHAS |
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Date: July 17th, 2011 6:49 PM Author: Hairraiser pisswyrm orchestra pit I will respond later when MOAR ALPHAS answer this Q. (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546634) |
Date: July 17th, 2011 6:50 PM Author: Appetizing chapel weed whacker i'd go with B (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546642) |
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Date: July 17th, 2011 6:52 PM Author: Hairraiser pisswyrm orchestra pit EXPLAIN your reasonings, ALPHA brother. (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546659) |
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Date: July 17th, 2011 6:58 PM Author: Appetizing chapel weed whacker seems clearly negligent right? reasonably foreseeable etc (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546733) |
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Date: July 17th, 2011 6:58 PM Author: Comical fat ankles Gonna go with B because it was still foreseeable to seller that his SPS roof could injure someone even after the house was sold (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546730) |
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Date: July 17th, 2011 7:00 PM Author: Hairraiser pisswyrm orchestra pit B is the correct answer, but I am still a little confused. How can the seller be liable for damage to a third party by his property if said property is not his. Shouldn't the new owner be liable? (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546755) |
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Date: July 17th, 2011 7:04 PM Author: Appetizing chapel weed whacker edit: nvm (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546789) |
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Date: July 17th, 2011 7:05 PM Author: Hairraiser pisswyrm orchestra pit I'm sorry. What? (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546802) |
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Date: July 17th, 2011 7:04 PM Author: Comical fat ankles if the new owner didn't have notice of the dangerous condition he can't be negligent for failing to prevent it. B assumes previous owner had notice so that gives him a duty. (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546796) |
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Date: July 17th, 2011 7:06 PM Author: Hairraiser pisswyrm orchestra pit This makes sense to me TY, ALPHA. (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546807) |
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Date: July 17th, 2011 7:09 PM Author: Irradiated queen of the night boistinker You're always liable for unreasonable conduct that results in reasonably foreseeable harm. The land here is a red herring. There are a whole mess of fiddly little rules about landowner liability to different classes of people; but this guy isn't a landowner, just a dude who didn't fix a shitty roof when he should have.
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Date: July 17th, 2011 7:13 PM Author: Hairraiser pisswyrm orchestra pit I am conflicted because the class of people who are ALPHAs and the class of people who are PUMOs generally don't intersect, but here we are. (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546860) |
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Date: July 17th, 2011 7:14 PM Author: Irradiated queen of the night boistinker You could also think of it this way: Imagine we're at a bitchin' Ren Faire. You're chowing down on your fourth anachronistic turkey leg of the day, and I pick up some other dood's sword and start swinging it around over my head screaming "TELL THEM SCOOTLAAAND IS FREEEEGH!" The blade flies off the handle and cleaves your skull in twain. If swinging the sword around over my head was an unreasonably deflicted act, then I'm liable to you for the foreseeable harm of letting your brains out onto the the ground, regardless of the fact that it was some other dood's crappy sword that I was swinging.
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Date: July 17th, 2011 7:16 PM Author: Hairraiser pisswyrm orchestra pit Oh hello, Askav, how are you this fine afternoon? (http://www.autoadmit.com/thread.php?thread_id=1706873&forum_id=2#18546881) |